Are there ways to resolve disputed restraining orders without a contested hearing?

Yes, there are. One of the ways that restraining orders get resolved is to agree to do what’s called a “restraining order in the divorce case.” Let’s say the wife obtained a restraining order and the husband suggests to put a mutual restraining order in the divorce itself, which says neither party can contact the other person or go to their house, or be anywhere near them, and then let’s dismiss the restraining order. People do settle cases doing that, and one of the reasons to do that is a restraining order goes on someone’s record, and it could affect their job. Usually the job and the employment is really important to the family and to the children, so it might be a smart thing to do for that situation.

There’s other times when absolutely the abuse is something that’s so serious that you just absolutely want the full protection of a FAPA restraining order, which means if you call the police, the other person will be arrested if they violate it versus if it’s a restraining order in the divorce case and the FAPA restraining order is dismissed. Then if the other person violates that kind of restraining order, the only thing you have for recourse is contempt of court.

Laura Schantz is a family law attorney and mediator practicing in Beaverton, Oregon. To learn more about Laura Schantz and her firm, Schantz Law P.C., visit www.oregondivorceattorney.com.

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